PERPETUAL MULTI-PURPOSE RECREATIONAL
TRAIL EASEMENT
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THIS INDENTURE WITNESSETH, that(“Grantor”), CONVEYS to the XXXXXXX(“Grantee”), for and in consideration of the sum of Dollars ( ) (of which said sum $ represents land and improvements acquired and $ represents damages) and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, a perpetual easement in, under, over and upon certain real estate situated in XXXX County, Indiana, and which is more particularly described in the legal description(s) attached hereto as Exhibit “A”, which exhibit is incorporated herein by reference, for the purpose of the construction, reconstruction, maintenance, operation and repair thereupon of a pedestrian walkway and community trail facility together with any and all appurtenances necessary thereto including, but not limited to, the use of such easement area for non-motorized bike traffic and for pedestrian use by the general public (the “Trail Easement”)as set forth in the XXXXXXX(example: Fort Wayne, Indiana Code of Ordinances, Title IX: General Regulations, Chapter 97 (Parks and Recreation).
This Trail Easement is subject to the restriction that Grantee, its successors and assigns, will not construct any fence in said easement; and Grantee acknowledges that Grantor has no control over the condition or usage of the Trail Easement; and Grantee, its successors and assigns, shall hold harmless and indemnify Grantor for any claim based upon the condition or usage of the Trail Easement, except for any claim arising as a direct result of the gross negligence or recklessness of Grantor, its successors, assigns, agents, guests or invitees. This restriction and indemnity shall run with the real estate comprising the Trail Easement.
This conveyance is subject to any and all easements, conditions and restrictions of record.
Grantee, its employees, agents, contractors, subcontractors, and assigns shall have the right to enter in, under, over, along and upon the area of the said perpetual easement conveyed herein at will, to construct, reconstruct, maintain, and continue to operate the community trail and to remove from the said area any encroaching trees, other vegetation, buildings or other obstructions to the free and unobstructed use of the said perpetual easement as the Grantee may deem necessary or useful. The Grantee shall also, without further permission of the Grantors or the Grantors successors in title, allow the general public use of the community trail facilities.
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Grantors and their successors in title, covenant and agree not to erect, maintain or allow to continue within the area of the said perpetual easement any building, structure, fence, plantings or other obstruction to the Grantee’s free and unobstructed use of the said perpetual easement and community trail facilities without the prior express written permission of the Grantee. Such permission shall not be effective unless and until recorded.
Grantors warrant that they are the owners in fee simple of said real estate, lawfully seized thereof and have good right to grant and convey the foregoing easement; warrant the quiet use and enjoyment thereof, warrant that said real estate is free from all encumbrances inconsistent with the grant contained herein with the exception of the permanent Utility Easement Grants recorded as Documents ; and warrant that they will defend Grantee’s title in said easement against all claims. This easement granted herein, and its associated benefits and obligations, shall run with the real estate comprising the Trail Easement and shall bind and inure to the benefit of the successors and assigns of Grantor as owner of said real estate.
The Last Deed of Record for the real estate this easement encumbers has been recorded as Document Number in the Office of the Recorder of XXXXX County, Indiana.
The undersigned represents and warrants that (he)(she) is a duly elected officer of the Grantor; that the Grantor is a corporation validly existing in the State of its origin and, where required, in the State where the subject real estate is situated; that the Grantor has full corporate capacity to convey the real estate interest described; that pursuant to resolution of the board of directors or shareholders of the Grantor or the by-laws of the Grantor (he)(she) has fully authority to execute and deliver this instrument on its behalf and that said authority has not been revoked; that (he)(she) is therefore, fully authorized and empowered to convey to the XXXXXXXXreal estate of the Grantor, and that on the date of execution of said conveyance instruments (he)(she) had full authority to so act; and that all necessary corporate action for the making of this conveyance has been duly taken.
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IN WITNESS WHEREOF, Grantor has executed this instrument this _____ day of , 201_.
Printed Name, TitleSignature, Title
STATE OF Indiana, COUNTY OF SS:
Before me, the undersigned, a Notary Public in and for said County and State, this ____ day of , 2011, personally appeared , the of Grantor, who acknowledged the execution of the foregoing easement to be his/her/their voluntary act and who, being duly sworn, stated that any representations contained herein are true. In witness whereof, I have hereunto subscribed my name and affixed my official seal.
My Commission expires______Signature
Resident of County, IndianaPrinted Name
This Instrument Prepared by XXXXXX.
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law. XXXXXXXX (name)
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